Mohammed Riyaz Zulfiqar Ahmed Shah v. Sunil Nagesh Bhalerao And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.116 OF 2017 Mohammed Riyaz Zulfiqar Ahmed Shah ....Applicant V/s.

Sunil Nagesh Bhalerao and Anr.

....Respondents Mr. P.M.Khankar, Advocate for Applicant.

Mrs. A.S.Pai, APP for the Respondent-State.

****** CORAM :- R.M.SAVANT & CORAM :- R.M.SAVANT & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 31ST JANUARY, 2018.

31ST JANUARY, 2018.

P.C. :- P.C. :- The above Application has been filed for quashing of the FIR bearing No.166 of 2016 dated 27.10.2006 lodged by the officials of the Bhiwandi-Nizampura Municipal Corporation with the Shanti Nagar Police Station, Bhiwandi for the offences punishable under Section 52 of the Maharashtra Regional And Town Planning Act, 1966. It is alleged against the Applicant that the Applicant has carried out unauthorised construction on the plot of land in question. The learned Additional Public Prosecutor, Mrs. Pai points out that the charge-sheet has been filed only yesterday, i.e., on 30.1.2018. We have considered the material which has been placed Shivgan

* 2/2 * 17-APL-116-2017.doc by way of the above Writ Petition. We, however, refrain ourselves from making any comments as regards the material on record lest it affects the Applicant in the trial. In the facts and circumstances of the case, we, however, do not deem it appropriate to accede to the request of the Applicant for quashing of the FIR. For the reasons afore-stated, the Application is rejected. (SANDEEP K. SHINDE, J.) (SANDEEP K. SHINDE, J.) (R.M.SAVANT, J.) (R.M.SAVANT, J.) Shivgan